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Full Text of Decision

38995

41933SERVICE DATE
– OCTOBER 5, 2011

DO

SURFACE TRANSPORTATION BOARD

DECISION

Docket No. NOR 42130

SUNBELT CHLOR ALKALI PARTNERSHIP

v.

NORFOLK SOUTHERN RAILWAY COMPANY AND

UNION PACIFIC RAILROAD COMPANY

Decided:October
5, 2011

This
decision grants a joint motion for an extension of the mediation period and a
partial stay of the proceeding.

Sunbelt
Chlor Alkali Partnership (Sunbelt) challenges the
reasonableness of rates and service terms established by Norfolk Southern
Railway Company (NSR) and Union Pacific Railroad Company (UP) for the
transportation of chlorine from McIntosh, Ala., to LaPorte, Tex.By decision served September 6, 2011, a protective order was adopted for
this proceeding.

On September
26, 2011, UP filed a motion with the Board for partial dismissal or, in the
alternative, expedited determination of jurisdiction over challenged rates.On October 3, 2011, Sunbelt, NSR, and UP
(collectively, the parties), filed a joint motion for an extension of the
mediation period and a partial stay of the proceeding.The parties state that on September 28 and 29,
2011, they met to participate in mandatory mediation of their dispute, pursuant
to 49 C.F.R. § 1109.4.According to the parties, they engaged in productive dialogue during the
meetings, and they request an extension of the mediation period until November
23, 2011.In connection with this
extension, the parties request a stay of UP’s motion for partial dismissal,
including the tolling of the deadline for filing replies until December 13,
2011.

Under
49 C.F.R. § 1109.4(e), the Board will entertain requests to extend
mediation if the request for an extension is filed by all interested parties. Given that all parties filed the request to
extend mediation and good cause for an extension of the mediation period has
been shown, the extension will be granted and the mediation period will be
extended until November 23, 2011.The
parties’ request for a partial stay of the proceeding is also reasonable and
will be granted.UP’s motion for partial
dismissal will be held in abeyance during the extended mediation period, and
replies to UP’s motion will be due on December 13, 2011.

This
decision will not significantly affect either the quality of the human
environment or the conservation of energy resources.

It is ordered:

1.The parties’ joint motion to extend the
mediation period is granted, and the mediation period is extended until
November 23, 2011.

2.The parties’ joint motion for a partial stay
of the proceeding is granted, and UP’s motion for partial dismissal is held in
abeyance during the extended mediation period.